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(영문) 수원지방법원 2020.06.11 2020고단1477
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 16, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on October 1, 2014, the same court issued a summary order of KRW 2 million for the same crime, respectively. On August 14, 2019, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for the same crime at the same court, and the judgment became final and conclusive on the 22th of the same month.

【Criminal Facts】

1. On January 12, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a CNAS car under the influence of alcohol level of 0.091% without obtaining a driver’s license in a section of about 1km from the front of the wife population B market in Chungcheongnam-si to the south-dong distance in the same Gu and south-dong.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving a CNS car, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and report on the control of drinking driving;

1. The ledger of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of recidivisms during the period of suspended sentence of a suspect), and application of Acts and subordinate statutes to criminal investigation reports (Attachment to a summary order of the same kind

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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